People v. Ibarra CA3

DISCUSSION

I Pitchess Motion Before trial, defendant filed a Pitchess motion. After holding an in camera hearing, the trial court declined to order any discovery. Defendant asks us to conduct an independent review of the sealed records of the trial court’s hearing on her Pitchess motion. (People v. Mooc (2001) 26 Cal.4th 1216, 1225-1226 (Mooc).) A criminal defendant may compel discovery of certain information in police officer personnel files. The defendant must first demonstrate good cause by making “general allegations which establish some cause for discovery” of the information and by showing how it would support a defense to the charge against him. (Pitchess, supra, 11 Cal.3d at pp. 536-537; see Evid. Code, § 1043, subd. (b)(3).) If the trial court finds good cause, the custodian of the officer’s records brings to court all the potentially relevant records and, in camera, the court determines whether any information from the records need be disclosed to the defense. (Mooc, supra, 26 Cal.4th at p. 1226.) Here, the trial court held such a hearing.

3 Initially, the record on appeal contained only the sealed reporter's transcript from the in camera proceedings. Because the…